City of Pacific, MO Nuisances Arising From Locations Used for Illegal Activities Relating to Controlled Substances, Prostitution or Violent Crime

[Ord. No. 2822 §1, 4-3-2012]

As used in this Article, the following terms shall have these prescribed meanings:

Drugs, substances, or immediate precursors as defined in Section 220.020 of the Municipal Code.

Includes any room, building, dwelling unit, lot, plot or parcel of land, premises, room, ship, trailer, boat, sleeping car, airplane or any other structure or inhabitable structure.

PROSTITUTION

Includes all activities defined in Section 567.020 of the Missouri Revised Statutes.

REPEATED VIOLENT CRIME

Includes any criminal activity having occurred on at least two (2) separate dates and which such activity includes as one (1) of its elements the use, attempted use or threatened use of physical force substantial enough to cause, or be reasonably likely to cause, serious bodily injury to any person who does not regularly reside at the location.

USED FOR CONTROLLED SUBSTANCES

Includes using, possessing, storing, or selling of, or permitting the same, controlled substances as defined herein on the subject location.

[Ord. No. 2822 §1, 4-3-2012]

No person shall keep or maintain a public nuisance as defined in this Article.

Whenever the City believes that a public nuisance is being maintained in a location in violation of this Article, the City shall cause notice to be sent stating:

That the City believes a nuisance is being maintains at the location in violation of this Article;

Describe the use of the location or activity(ies) on the location believed to be a nuisance; and

State that if the location continues to be used in such a manner, a hearing will be held to determine if the condition constitutes a nuisance, and if so declared, the Mayor or designee will determine an appropriate penalty including a fine, an abatement order, and/or an order that the location may not be occupied for a period not to exceed one (1) year.

Such notice shall be sent certified mail, return receipt requested, to all owners and occupants, lessees, mortgagees, and all other persons having an interest in the location as shown by the Recorder of Deeds for the County. If any such interested persons' address is unknown and cannot be located, notice may be given by publication.

After a reasonable time from the date all persons receive the notice required in Subsection (B), if the City believes that the location continues to be used in violation of this Article, the City shall cause a second (2nd) notice to be served on all persons having an interest in the location, as identified in Subsection (B), stating that the City believes a nuisance continues to be maintained in violation of this Article and that the City will hold a hearing to determine whether a nuisance is being maintained at the location in violation of this Article and, if so declared, order an appropriate penalty. Such notice must be received by all persons with an interest in the location at least ten (10) days before the hearing.

At the hearing, any interested party, as identified in Subsections (C) and (D), may be represented by counsel, and all such parties shall have an opportunity to be heard and present evidence as shall be relevant to a determination of:

Whether or not the location involved is a public nuisance under the terms of this Article;

Whether the procedures required by this Article shall have been substantially followed; and

Whether the owner of the location knew the location was being used in violation of this Article.

The testimony shall be under oath, which may be administered by the Mayor or designee, and a written record of the hearing shall be by a reporter to be employed by the City, the cost of which shall be paid by the City should the proceeding be eventually held against the City, and by the owner or occupant if it should not. In lieu of a written record of the hearing, the Mayor or designee may order that all testimony be recorded on a cassette tape recorder, and the tape thereof preserved and, if needed, subsequently transcribed, which record then shall be admissible and used for all purposes the same as a transcript reported by a reporter.

After hearing all evidence, if the Mayor or designee finds a nuisance is being maintained in violation of this Article, he/she may order that the nuisance be abated. Further, if the Mayor or his/her designee finds that the owner(s) of the location knew that the location was being used in violation of this Article, the Mayor or designee may also order that the location shall not be occupied or used for such a period not to exceed one (1) year. All such orders shall be reduced to writing, state the evidence supporting such order, and shall be delivered to the property owner(s), occupant(s), and any other interested party by certified mail, return receipt requested or personal delivery, and if such order provides that the location shall be closed for a certain period, then such order shall also be posted at the location.

It shall be unlawful for any person to:

Fail to obey an order to abate a nuisance issued pursuant to this Article.

Occupy or use or permit any other person to occupy or use any location ordered closed pursuant to this Article.

Damage or remove any notice or order posted at the location pursuant to this Article.

The closure of any location pursuant to this Article shall not constitute an act of possession, ownership or control by the City of the closed location.

Nothing contained in this Article shall relieve the owner or occupant of any location from complying with the building, fire, property maintenance, and zoning codes or any other ordinance that regulates the condition or use of the location.